Article 12 of the Interpretation on Calculation of Illegal Business Volume for Trademark Infringement of Goods stipulates: “The value of infringing products that have been sold shall be calculated based on the actual sales price. Manufacturing, storage, transportation and unsold infringing products The value of the product is calculated based on the marked price or the actual average sales price of the infringing products that have been identified. If the infringing product does not have a marked price or its actual sales price cannot be identified, the value is calculated based on the market median price of the infringed product. "The author believes that this is usually the case. Below, the illegal business volume of commodity trademark infringement is based on the sales price and quantity of the infringing goods that can be identified. The specific calculation formula is: illegal business volume = actual sales price of the infringing goods sold × quantity of the infringing goods sold + the number of unsold infringing goods The listed price of the infringing goods sold (or the actual average sales price of the infringing goods that have been identified) × the number of unsold infringing goods. In law enforcement practice, due to different circumstances of individual cases, the handling methods are also different. The common controversial issues mainly include the following: 1. The issue of whether the value of the goods sold is included in the illegal business volume. In practice, for sold goods, the quantity and value are mainly verified based on the perpetrator's statement, purchase notes, sales documents, invoices, etc. Since administrative law enforcement needs to identify infringing goods based on the identification opinions issued by the trademark owner, and the physical goods that have been sold are difficult to retrieve and the rights holders cannot identify them, there is an opinion that the sold goods should not be identified as infringing goods. The author believes that the identification opinion of the trademark owner is not a necessary condition for identifying infringing goods. Law enforcement officers can determine the authenticity of the goods based on the fact that there is a large gap between the purchased price and selling price of the goods and the genuine products. Therefore, as long as the value of the sold goods can be identified and proven to be infringing goods, they should be included in the illegal business volume of the entire case. 2. Calculation of the illegal business volume of infringing gifts. Gifts have no specific value. In practice, one view tends to be based on “no illegal business volume”, while another view tends to be calculated based on the same genuine value as the gifts. The author believes that the illegal business volume of infringing gifts should be calculated based on the mid-market price of the same infringed product. 3. Calculation of illegal sales of infringing food without packaging. When investigating the Master Bao trademark infringement case, some law enforcement officers believed that the pastries produced and sold by the perpetrator on-site did not have the Master Bao trademark attached, so they could not be treated as infringing goods. Only the packaging with the Master Bao trademark on the site should be treated as infringing goods. Included in illegal business volume. In fact, there is nothing wrong with classifying the packaging with Master Bao's trademark as infringing goods. However, ignoring the characteristics of the separation of food produced and sold on-site from the packaging, mechanically believing that the pastry itself is not an infringing product without Master Bao's trademark attached, it will be classified as an infringing product. Exclusion from the calculation of illegal business turnover obviously violates the principle of trademark use. 4. Calculation of illegal business volume from disguised sales of infringing goods. In practice, there are many disguised sales of infringing goods. For example, in a case of selling infringing goods through doll grabbing, the party concerned was a claw machine merchant. Consumers who spent 25 yuan could get one game coin for grabbing a doll once. Every time you catch a doll, you can exchange it for a fake Chanel lipstick at the service desk. In this case, the value of the infringing goods depends on the consumer's level of catching dolls. It may be 25 yuan or 2021 yuan? The value of the infringing goods is uncertain and should be determined based on the identified perpetrator's business income and Calculation of the quantity of infringing goods, that is, illegal business volume = identified operating income ÷ number of infringing goods sold × total number of infringing goods.